Defenses to intentional torts (personal injury)

Question 1

Defenses to intentional torts (personal injury)

Answer 1

1. Consent
2. Self-defense
3. Defense of others
4. Defense of property
5. Parental discipline
6. Privilege of arrest

Question 2

Consent

Answer 2

1. Express—invalidated by duress, fraud as to essential matter, and mistakes caused or
   knowingly utilized by D
2. Implied—implied by custom/usage, emergency situations, consensual combat/athletics
3. Invalid due to incapacity

Question 3

Self-defense

Answer 3

1. Reasonable force—force proportionate to anticipated harm; reasonable mistake does not invalidate defense
2. Deadly force—ok only if reasonable belief of serious bodily injury/death
3. No duty to retreat (majority)—past trend towards retreating unless in home; most now extend “no retreat” to any place D might legally be (“stand your ground” statutes)
4. Initial aggressors—generally not entitled to claim self-defense
5. Not liable for injuries to bystanders—so long as injuries were accidental and actor was not negligent

Question 4

Defense of others

Answer 4

1. Reasonable belief that defended party entitled to use force to defend self; reasonable mistake ok
2. Reasonable force—force proportionate to anticipated harm

Question 5

Defense of property

Answer 5

1. Reasonable force allowed—if reasonable to prevent tortious harm to property
2. No deadly force allowed—including deadly traps
3. Reasonable force to prevent intrusion on one’s land—ok unless visitor acting under necessity; generally not permitted to repossess land/realty
4. Reasonable force to reclaim personal property wrongfully taken—ok

Question 6

Parental discipline

Answer 6

1. Reasonable force/confinement ok—considering age of child and gravity of behavior
2. Educator has same privilege—unless parent restricts privilege

Question 7

Privilege of arrest

Answer 7

1. Felony
   • Private—ok if crime was actually committed and reasonable to suspect the person arrested committed it (reasonable mistake only defense as to identity of felon)
   • Police—ok for felonies if reasonable to believe it was committed and to suspect the person arrested (no tort liability for mistake as to commission of felony)
2. Misdemeanor—only if committed in presence of arresting party; private only if breach of peace